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Transforming legal understandings of intimate partner violence Stella Tarrant, Julia Tolmie and George Giudice

By: Tarrant, Stella.
Contributor(s): Tolmie, Julia | Giudice, George.
Material type: materialTypeLabelBookSeries: ANROWS Research report.Publisher: Sydney, NSW : Australia's National Research Organisation for Women's Safety, 2019 Description: electronic document (124 pages) ; PDF file.ISBN: 978-1-925925-08-1 (online).Subject(s): ABUSED WOMEN | DOMESTIC VIOLENCE | HOMICIDE | INTIMATE PARTNER VIOLENCE | JUSTICE | LAW | WOMEN'S USE OF VIOLENCE | AUSTRALIAOnline resources: Click here to access online | Research summary ANROWS Research report, 03/2019, June 2019Summary: This research examines homicide trials in which self-defence is raised by women who have killed an abusive intimate partner, focussing on the recent case of Western Australia v. Liyanage. This report examines how and why changes to the law of self-defence have not had their intended effects. It explores how legal professionals and experts understand IPV, influencing which facts are selected and presented as relevant in the criminal process and the meaning made of those facts. This report demonstrates that the model of IPV relied on by prosecutors, expert witnesses, judges and others can have the effect either of revealing the violence a woman claims to have acted in self-defence against, or of undercutting that claim. It suggests that the current models of IPV used in the criminal justice system prepackage a defendant’s defensive actions in response to IPV as unreasonable. This report has been written to be an educational and training resource for law students, police, prosecution and defence lawyers, expert witnesses, and judges. Note: This research report contains descriptions of physical and sexual violence, and child abuse. (From the website). Read the full report or the 16-page research summary. Record #6417
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ANROWS Research report, 03/2019, June 2019

This research examines homicide trials in which self-defence is raised by women who have killed an abusive intimate partner, focussing on the recent case of Western Australia v. Liyanage.

This report examines how and why changes to the law of self-defence have not had their intended effects. It explores how legal professionals and experts understand IPV, influencing which facts are selected and presented as relevant in the criminal process and the meaning made of those facts.

This report demonstrates that the model of IPV relied on by prosecutors, expert witnesses, judges and others can have the effect either of revealing the violence a woman claims to have acted in self-defence against, or of undercutting that claim. It suggests that the current models of IPV used in the criminal justice system prepackage a defendant’s defensive actions in response to IPV as unreasonable.

This report has been written to be an educational and training resource for law students, police, prosecution and defence lawyers, expert witnesses, and judges.

Note: This research report contains descriptions of physical and sexual violence, and child abuse. (From the website). Read the full report or the 16-page research summary. Record #6417